Q: Due to an erratic schedule, I don’t remember the exact hours my babysitter worked and whether I paid her last week. What do I owe her now?

A: If the babysitter claims that she was not paid, you are obligated to pay her. Although the burden of the proof is generally on the plaintiff, in this case you definitely owed her the wages. Therefore, the status quo of this obligation bolsters her definite claim, despite your doubt (C. M. 75:9).

Regarding the hours, you must pay for the hours you remember. If the sitter claims additional hours and you question her reckoning, you are not obligated to pay for those additional hours if you are prepared to pay immediately for the hours you acknowledge (89:3). Nonetheless, it is meritorious to pay the amount she claims (75:9; Shach 88:36).

If the babysitter also does not remember whether she was paid, you are exempt. If she does not remember the hours, you only need to pay for the hours you are sure of. Some say that it is proper for you to reach a compromise with the babysitter (see 75:18; Shach 75:58; Taz 75:10; Pischei Teshuva 75:18).